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2022.11.30 Demurrer to FAC, Motion to Strike 637
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.30

Excerpt: ... the motion to strike the “but not limited to” language. Plaintiffs are to file a Second Amended Complaint consistent with this ruling. Such pleading shall be filed within 10 days from the date of service of the minute order. Caltrans shall file its Answer to the Second Amended Complaint no later than 10 days after service of the Second Amended Complaint on it. Explanation: There are differences in the named plaintiffs from the original Compl...

2022.11.29 Demurrer 957
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29

Excerpt: ...order. Explanation: Defendants Zisha Lipschutz and Esti Lipschutz demur generally and specially to the tenth through fifteenth causes of action1 , contending that there are no facts alleged to show these individual defendants are the alter egos of entity defendants Eminence Healthcare Services, LLC (EHS) and Centuri Health Ventures, LLC (Centuri) and that these causes of action are uncertain because they are pled against “all defendants” but ...

2022.11.29 Motion for Leave to File Amended Complaint 679
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29

Excerpt: ...g or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars...” “‘Code of Civil Procedure section 473, whi...

2022.11.29 Motion for Final Approval of Class Settlement, Enhancement Payment, Attorney Fees 418
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.29

Excerpt: ... Code of Civil Procedure section 384, subdivision (b), so that the judgment can be amended and the distribution of any cy pres funds can be ordered. The parties are ordered to file a declaration from the administrator as to the payout and amount of uncashed checks no later than October 17, 2023. As required by California Rules of Court, rule 3.771(b), notice of the judgment is to be given to the class. Notice may be given by an insert with the se...

2022.11.09 Motion to Compel Further Responses 167
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09

Excerpt: ...sponses to Special Interrogatories, Set One, as to Requests Nos. 14, 40‐45, and 53. To order GM to provide further responses to Request for Production of Documents, Set One, as to Requests Nos. 1, 6‐9, 15, 16, 24, 25, and 27. To deny the motion as to Request for Production of Documents, Set One, as to Requests Nos. 3, 17, 31 and 33. GM shall serve verified supplemental responses without objections within 20 days of the date of the service of ...

2022.11.09 Motion for Attorney Fees 977
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.09

Excerpt: ...�[i]n any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party specified in the contract or not, shall be entitled to reasonable attorney's fees in addition to other costs.” (Civ....

2022.11.08 Motion to Consolidate 737
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08

Excerpt: ...ctions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” The purpose for consolidation is to promote trial convenience and economy by avoiding duplication of procedure particularly in t...

2022.11.08 Motion for Attorney Fees, to Tax Costs 887
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.08

Excerpt: ...t al. for Attorneys' Fees and Costs by Plaintiff Westlands to Tax Memorandum of Costs Filed by Defendant North Coast River Alliance Tentative Ruling: To grant the motion of defendants County of San Joaquin and County of Trinity for an award of attorneys' fees against plaintiff Westlands Water District (Westlands) in the amount of $197,163.75. To grant the motion of defendants California Water Impact Network (CWIN) et al. for an award of attorneys...

2022.11.03 Motion to Compel Further Responses 284
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.03

Excerpt: ...nd 20 of plaintiff's Request for Production of Documents, set one within twenty (20) days from the date of this order. To grant the request for monetary sanctions in the amount of $2,560, payable no later than twenty (20) court days from the date of this order, with the time to run from the service of this minute order by the clerk. Explanation: Discovery requests are generally afforded liberal construction. (See Code of Civ. Proc., § 2017.010; ...

2022.11.02 Motion for Summary Judgment 596
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.02

Excerpt: ...f the accident, or on any other date. Therefore, she contends that plaintiff Felix Guevara, who was a passenger in the car and who was injured when Ibrahim allegedly drove the car in a negligent manner and caused it to roll over, cannot recover against her under a negligent entrustment theory or under the vehicle owner liability statute, Vehicle Code section 17150. Under Vehicle Code section 17150, “[e]very owner of a motor vehicle is liable an...

2022.11.01 Demurrer 467
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.11.01

Excerpt: ...ossComplaint. The time to file such pleading will run from service by the clerk of this minute order. All new allegations in the Second Amended Cross‐Complaint are to be set in boldface type. Explanation: First American demurs to Cross‐Complainant's first and only cause of action for professional negligence, contending that she fails to allege facts sufficient to state a valid claim. In particular, First American contends that the First Amend...

2022.10.27 Demurrer to FAC 279
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.27

Excerpt: ...ourth causes of action. To sustain, without leave to amend, Harco National Insurance Company's demurrer to the fifth cause of action. Plaintiff is granted 20 days' leave to file a Second Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Plaintiff filed the operative First Amended Complaint (“FAC”) against de...

2022.10.27 Motion for Protective Order 879
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.27

Excerpt: ...laintiff and defendant Central California Faculty Medical Group, Inc. (“CCFMG”) on 3/22/22. Southwest shall bates stamp all documents responsive to the subpoena served on 2/8/22, and within 20 days of service of the order deliver the documents to CCFMG. CCFMG may then apply the “Attorneys' Eyes Only” designation to any documents it contends include trade secrets or other protected confidential information. CCFMG shall produce all document...

2022.10.27 Motion for Summary Judgment, Adjudication 747
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.27

Excerpt: ...tion against defendant alleging five causes of action: (1) right of possession of personal property; (2) fraud; (3) conversion; (4) declaratory relief; and (5) injunctive relief, regarding a 1926 Ford Phaeton convertible. Plaintiff now seeks summary judgment of his Complaint or, in the alternative, summary adjudication of the claims that “Defendant converted, and is in wrongful possession of Plaintiff's property, and Plaintiff is entitled to it...

2022.10.25 Demurrer 709
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.25

Excerpt: ...other causes of action. (Code of Civil Procedure § 430.10, subd. (e).) Plaintiff is granted 10 days' leave to file a First Amended Complaint. The time in which such pleading can be filed will run from service by the clerk of the minute order. New allegations in a First Amended Complaint are to be set in boldface type. Plaintiff shall correctly number the causes of action, and refrain from cumulative or “chain letter” pleading. (Kelly v. Gene...

2022.10.20 Motions to Compel Deposition, for Protective Order 080
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.20

Excerpt: ...or monetary sanctions. To deny defendant's motion for a protective order. Explanation: Although there are exceptions, generally the scope of discovery is broad. (Williams v. Superior Court (2017) 3 Cal.5th 531, 541; Tien v. Superior Court (2006) 139 Cal.App.4th 528, 536; Code Civ. Proc., § 2017.010.) In Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282 (Liberty Mutual) the plaintiff alleged a workers compensation insurer made ...

2022.10.20 Motion to Reconsider Motion for Summary Judgment Ruling 478
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.20

Excerpt: ...aced or affected by the order being appealed. (Code Civ. Proc., § 916, subd. (a).) Explanation: “Except as provided in Sections 917.1 to 917.9, inclusive, and in Section 116.810, the perfecting of an appeal stays proceedings in the trial court upon the judgment or order appealed from or upon the matters embraced therein or affected thereby, including enforcement of the judgment or order, but the trial court may proceed upon any other matter em...

2022.10.20 Demurrer to FAC, Motion to Strike 886
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.20

Excerpt: ...ding shall be filed within 20 days of the clerk's service of this order. New or different allegations in the second amended complaint are to be set in boldface type. Explanation: General Demurrer A party may file a general demurrer on claims that “[t]he pleading does not state facts sufficient to constitute a cause of action.” (Code Civ. Proc., § 430.10, subd. (e); Estate of Moss (2012) 204 Cal.App.4th 521, 535 [“‘A demurrer can be utili...

2022.10.19 Motion to Compel Responses, for Monetary Sanctions 707
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.19

Excerpt: ...e amount of $630 against plaintiff Camalah Kopacz. Sanctions are ordered to be paid by plaintiff within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. Plaintiff shall serve responses, without objections, to defendant Fresno Community Hospital and Medical Center's Form Interrogatories, Set One, Special Interrogatories, Set One, Request for Production of Documents, Set One, and Request fo...

2022.10.19 Motion for Relief Pursuant to Code of Civil Procedure 238
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.19

Excerpt: ...mber 20, 2022, at 3:30 p.m. in Department 501. To impose a monetary sanction against defendant FCA US LLC in the amount of $5,130, payable no later than thirty (30) days from the date of service of this order. Explanation: Plaintiffs seek to restore jurisdiction of the action to this court by vacating an earlier order compelling arbitration and staying the action. Plaintiffs also seek attorney's fees incurred on the aborted arbitration. Defendant...

2022.10.19 Motion for Determination of Good Faith Settlement 698
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.19

Excerpt: ...ore parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfeasors or co‐ obligors, upon giving notice in the manner provided in subdivision (b) of Section 1005.” (Code Civ. Proc., § 877.6, subd. (a)(1).) “A determination by the court that the settlement was made in good faith ...

2022.10.18 Motion to Strike Punitive Damages 617
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.18

Excerpt: ...xplanation: Code of Civil Procedure section 436 provides, “The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading, (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” A motion to strike may be use...

2022.10.18 Motion to Strike 809
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.18

Excerpt: .... Explanation: Defendant Target Corporation moves to strike the punitive damages allegations and prayer from plaintiff's FAC filed on January 13, 2022. The FAC alleges that plaintiff was “injured due to negligently installed and negligently maintained handicap sign located at or near the entrance to the premises.” Punitive damages are sought because defendants “forc[ed] patrons to enter and exit the aforesaid Target retail store through a n...

2022.10.18 Motion to Compel Depositions, for Sanctions 547
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.18

Excerpt: ...depositions. To grant defendant's request for monetary sanctions against plaintiffs John Geyer and Jarrett Geyer in the amount of $730 against each plaintiff for their unjustified and willful refusal to appear for their depositions. (Code Civ. Proc. § 2025.450, subd. (g).) Plaintiffs shall pay monetary sanctions to defense counsel within 30 days of the date of service of this order. To deny defendant's request for terminating sanctions against p...

2022.10.18 Demurrer to FAC 068
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.18

Excerpt: ...om service of the notice of ruling and is extended where such notice is served by mail, fax, overnight delivery or electronically. (Code Civ. Proc., §§ 1010.6 and 1013, subd. (a); People v. $20,000 U.S. Currency (1991) 235 Cal.App.3d 682, 692.) New allegations/language must be set in boldface type. Explanation: Demurrer Generally The function of a demurrer is to test the sufficiency of a plaintiff's pleading by raising questions of law. (Plumle...

2022.10.13 Motion to Compel Deposition of PMK, for Monetary Sanctions 457
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.13

Excerpt: ...o compel the deposition of Julianne Williams without prejudice. (Cal. Rules of Court, rule 3.1345(a)(5), (b).) To grant plaintiff's motion to compel the deposition of Dycora Transitional Health— Weber Oaks LLC's (“Dycora—Weber Oaks”) person most knowledgeable. Dycora— Weber Oaks shall produce the person most qualified to testify regarding categories 1‐16. (Code Civ. Proc., § 2025.450, subd. (a).) To grant plaintiff's motion to compel...

2022.10.13 Motion to Declare Vexatious Litigants 968
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.13

Excerpt: ...he presiding judge prior to filing any new litigation in the courts of this state in propria persona. (Code Civ. Proc. § 391.7.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them.” (Goodrich v. Sierra Vista Regional Medical Center (2016) 246 Cal.App.4th 1260,...

2022.10.13 Motion to Declare Vexatious Litagants 689
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.13

Excerpt: ...ng judge prior to filing any new litigation in the courts of this state in propria persona. (Code Civ. Proc. § 391.7.) Explanation: “The vexatious litigant statutes were created to curb misuse of the court system by those acting in propria persona who repeatedly file groundless lawsuits or attempt to relitigate issues previously determined against them.” (Goodrich v. Sierra Vista Regional Medical Center (2016) 246 Cal.App.4th 1260, 1265.) Th...

2022.10.12 Demurrer, Motion to Strike 187
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.12

Excerpt: ... service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type. The court sustains the demurrer to the second cause of action without leave to amend. The court grants the motion to strike the prayer for pre‐judgment interest and punitive damages, in light of plaintiff's notice of non‐opposition, without leave to amend. The court grants the request for judicial notice of the tort claim ...

2022.10.12 Motion to Compel Responses, for Monetary Sanctions 707
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.12

Excerpt: ...against plaintiff Maciej Kopacz, M.D. Sanctions are ordered to be paid by plaintiff within 20 days of the date of this order, with the time to run from the service of this minute order by the clerk. Plaintiff shall serve responses, without objections, to defendant Fresno Community Hospital and Medical Center's Special Interrogatories, Set One, Request for Production of Documents, Set One, and Request for Nature and Amount of Damages no later than...

2022.10.11 Motion to Compel Deposition, for Monetary Sanctions 257
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.10.11

Excerpt: ...ponent to personally attend the deposition and testify, as well as to attend any court session to consider any issue arising out of (inter alia) the deponent's refusal to be sworn, as here. (Code Civ. Proc., § 2020.220.) If a deponent on whom a deposition subpoena has been served fails to attend a deposition, the court may impose on the deponent sanctions described in Code of Civil Procedure section 2020.240. (Code Civ. Proc., §2025.440, subd. ...

2022.09.28 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 577
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28

Excerpt: ...esponses to Form Interrogatories (Set Two), Special Interrogatories (Set One), Request for Production of Documents (Set Two). To grant defendant Smart & Final's motion for an order deeming Requests for Admissions admitted. The truth of the matters specified in the Requests for Admissions, Set One, are to be deemed admitted unless plaintiff Laura Mendoza serves, before the hearing, a proposed response to the Requests for Admission that is in subst...

2022.09.28 Motion for Leave to File SACC 487
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28

Excerpt: ... the same lawsuit. Thus, the court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; Mabie v. Hyatt (1998) 61 Cal.App.4th 581, 596.) Courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial.” (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) If plainti...

2022.09.28 Demurrer, Motion to Strike 980
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28

Excerpt: ...e in boldface. To deny defendants' motion to strike each cause of action of the First Amended Complaint. Explanation: On April 7, 2021, plaintiff filed suit against defendants alleging breaches of a leaseoption agreement of agricultural property. Plaintiff pled six causes of action: (1) breach of contract of lease of agricultural property; (2) breach of contract of purchase of a residence; (3) breach of implied covenant of good faith and fair dea...

2022.09.28 Demurrer 757
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.28

Excerpt: ...with adverse interests. The Complaint identifies three different legal actions wherein defendants represented parties with adverse interests: the Akoo, Misaghi and Sanchez actions. The Akoo action was filed on 7/15/20, and on 8/3/20 defendants accepted service of the Complaint and thereafter continued to litigate the matter. The Misaghi action was filed on 2/1/21. Defendants represented the defendant in that action, and filed an Answer and Cross�...

2022.09.27 Motion to Reclassify Action as Limited Civil Case 927
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.27

Excerpt: ... 85, subdivision (a), “an action or special proceeding shall not be treated as a limited civil case unless all of the following conditions are satisfied: [¶] (a) The amount in controversy does not exceed twenty‐five thousand dollars ($25,000).” (Code Civ. Proc. § 85, subd. (a).) “As used in this section, ‘amount in controversy' means the amount of the demand, or the recovery sought, or the value of the property, or the amount of the l...

2022.09.27 Demurrer to SAC 777
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.27

Excerpt: ...mended Complaint. The time to such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Demurrer to the First and Fourth Causes of Action for Breach of Written Contract and Breach of Implied Covenant of Good Faith and Fair Dealing: Defendants demur to the first and fourth causes of action on the grounds that these causes of action cannot be maintained as ...

2022.09.27 Demurrer 397
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.27

Excerpt: ... § 430.10, subds. (e) and (f).) Plaintiff is granted 20 days' leave to file a First Amended Complaint. The time to file such pleading will run from service by the clerk of the minute order. All new allegations in the pleading are to be set in boldface type. Explanation: Untimely Opposition: “All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days […] before the hearing.�...

2022.09.21 Demurrer to FAC 570
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.21

Excerpt: ...; and (3) battery. Defendants Kevin F. Ciresi, M.D., and Kevin F. Ciresi, M.D., Inc. (together “Defendants”) bring a general demurrer as to the third cause of action, for battery, for failure to state facts sufficient to constitute an action, and a specially demurrer to the third cause of action for uncertainty. Applicable Standards On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. A demurrer is si...

2022.09.21 Demurrer to FAC 070
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.21

Excerpt: ...nding between the same parties on the same causes of action. (Code Civ. Proc. § 430.10, subd. (c).) It claims that plaintiffs in the present action are members of the putative class of an earlier filed action in Fresno Superior Court for the same wage and hour claims against the same defendant. (See Defendant's Request for Judicial Notice, Exhs. 1 and 2, Complaint and First Amended Complaint filed in Gonzalez v. Charlie's Enterprises, Inc., et a...

2022.09.21 Motion to Compel Deposition 647
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.21

Excerpt: ...he parties as indicated below. (Code Civ. Proc., § 2025.450, subd. (c)(1).) To impose $2,865 in monetary sanctions, to be paid within 30 days to counsel for defendant. Explanation: The motion is brought pursuant to Code of Civil Procedure section 2025.450. subdivision (a), which provides: If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an o...

2022.09.21 Motion for Leave to File FAC 007
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.21

Excerpt: ...ion (a), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may ...

2022.09.21 Motion for Summary Judgment 596
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.21

Excerpt: ... Young moves for summary judgment of the entire Complaint against her on the ground that she did not grant permission to the driver, defendant Ramzy Ibrahim, to drive her vehicle on the date of the accident, or on any other date. Therefore, she contends that plaintiff Felix Guevara, who was a passenger in the car and who was injured when Ibrahim allegedly drove the car in a negligent manner and caused it to roll over, cannot recover against her u...

2022.09.20 Motion to Compel Arbitration and Stay Proceedings 568
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.20

Excerpt: ...ifornia and federal law “favor[] the enforcement of valid arbitration agreements.” (Armendariz v. Foundation Health Psychcare Services, Inc. (2000) 24 Cal.4th 83, 97.) Nevertheless, arbitration is a “ ‘matter of consent, not coercion,'” and “ ‘a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.' ” (Pinnacle Museum Tower Assn. v. Pinnacle Market Development (US), LLC (2012) 55 Cal.4...

2022.09.20 Motion for Summary Judgment 007
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.20

Excerpt: ... M.D., moves for summary judgment based on the declarations of a medical expert, Lundy Campbell, M.D., who has opined that Dr. Van Putten's care and treatment of plaintiff did not fall below the standard of care, and that nothing he did or failed to do caused plaintiff any injury. “The standard of care in a medical malpractice case requires that physicians exercise in diagnosis and treatment that reasonable degree of skill, knowledge and care o...

2022.09.20 Motion for Leave to File Amended Answer 980
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.20

Excerpt: ...division (a), “[t]he court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as...

2022.09.08 Motion for Preliminary Approval of Class Settlement 480
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.08

Excerpt: ...ification a. Standards First, the court must determine whether the proposed class meets the requirements for certification before it can grant preliminary approval of the proposed settlement. An agreement of the parties is not sufficient to establish a class for settlement purposes. There must be an independent assessment by a neutral court of evidence showing that a class action is proper. (Luckey v. Superior Court (2014) 228 Cal. App. 4th 81 (r...

2022.09.07 Motion for Summary Judgment, Adjudication 487
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.07

Excerpt: ...aint. Tentative Ruling: To deny each of Pearson's motions for summary judgment as to the Complaint, the Second Cross‐ Complaint, and the First Amended Third Cross‐ Complaint. To deny summary adjudication as to the Complaint. To deny summary adjudication as to the First and Second Causes of Action of the Second Cross‐ Complaint due to lack of standing. To deny summary adjudication as to the Fourth, Fifth and Sixth Causes of Action of the Fir...

2022.09.01 Motion to Compel Further Responses 457
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.01

Excerpt: ...g: To grant plaintiff Guadalupe Vargas' (“Decedent Plaintiff”) motions to compel further responses to (1) Requests for Production of Documents, Set One, as to Request Nos. 3‐49; (2) Form Interrogatories, Set One, as to Request Nos. 1.1, 3.1‐3.7, 4.1‐4.2, 12.1‐ 12.7, 14.1 and 17.1; (3) Special Interrogatories, Set One, as to Request Nos. 1‐33; and (4) Requests for Admissions, Set One, as to Request Nos. 1‐13. (Code Civ. Proc., § 2...

2022.09.01 Motion for Summary Judgment, Adjudication 278
Location: Fresno
Judge: Tharpe, D. Tyler
Hearing Date: 2022.09.01

Excerpt: ...challenging a particular, “cause of action, an affirmative defense, a claim for punitive damages, or an issue of duty.” (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 242.) Furthermore, “[a] motion for summary adjudication shall be granted only if it completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty.” (Code of Civ. Proc., § 437c subd. (f)(1); see also Cata...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

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